N.J. Admin. Code § 11:4-23.17

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:4-23.17 - Filing requirements for advertising

(a) Every carrier providing Medicare supplement policies or certificates in this State shall file with the Commissioner a copy of all advertisements to which residents of this State will have access, and through which the carrier intends, or by implication purports to the reasonable targeted consumer its intent to make its Medicare supplement product(s) available for purchase or enrollment in this State, whether through written, radio, television or other electronic media, at least 30 days prior to the date on which the advertisement is to be used in this State, or made accessible to residents of this State.

(b) All advertisements shall be in accord with the standards set out in N.J.A.C. 11:2-11 and any other disclosure and advertising rules which may be applicable to carriers.

(c) The Commissioner may disapprove an advertisement at any time if the advertisement is not in compliance with this rule or is in violation of the Trade Practices Act, N.J.S.A. 17B:30-1 et seq. An advertisement which has been disapproved by the Commissioner shall continue to be disapproved until disapproval is withdrawn by the Commissioner.

(d) The Commissioner may institute any and all procedures and penalties available pursuant to N.J.S.A. 17:35C-1 et seq., 17B:26A-1 et seq., and 17B:30-1 et seq., against a carrier which is determined by the Commissioner to be in violation of this rule.

(e) All actions of the Commissioner are subject to review pursuant to the provisions of the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq.

N.J. Admin. Code § 11:4-23.17

New Rule, R.1991 d.345, effective 7/1/1991.
See: 23 New Jersey Register 1264(a), 23 New Jersey Register 2014(a).
Amended by R.1993 d.26, effective 1/4/1993.
See: 24 New Jersey Register 12(a), 25 New Jersey Register 141(a).
Rule on reporting of multiple policies recodified to 23.19; rule on filing requirements for advertising recodified from 23.13; references to insurer changed to carrier.
Amended by R.1996 d.4, effective 1/2/1996.
See: 27 New Jersey Register 3557(a), 28 New Jersey Register 165(a).
Recodified from N.J.A.C. 11:4-23.16 by R.1999 d.38, effective 12/28/1998 (to expire February 26, 1999).
See: 31 New Jersey Register 181(a).
Former N.J.A.C. 11:4-23.17, Standards for marketing, recodified to N.J.A.C. 11:4-23.18.
Adopted concurrent proposal, R.1999 d.100, effective 2/26/1999.
See: 31 New Jersey Register 181(a), 31 New Jersey Register 876(a).